The most common art scam is for a scammer to make contact with an artist and say that they want to buy some if their artwork that they saw online. To the unwary, hungry artist this is surely great news. What the scammer wants is for the artist to ship the art to them without paying for it. In reality, what they will be doing is that they will be providing the artist with stolen credit card numbers or with phony checks in order to make the art purchase.
The guidelines of AAMD state that: “Deaccessioning is a legitimate part of the formation and care of collections and, if practiced, should be done in order to refine and improve the quality and appropriateness of the collection, the better to serve the museum’s mission.” The American Alliance of Museums is even more explicit: “For this [use of institutional resources] and other reasons (e.g., when items are considered redundant, are damaged beyond repair or are of poor quality), deaccessioning is both a logical and responsible collections management policy.” We uphold these professional standards and do so in the service of creating an ever-better museum experience for our public and scholars alike.
There are no accepted estimates on the amounts of money laundered through the art market, although the general belief is that it is enormous and expanding as regulations on other asset classes, from real estate to foreign exchange, tighten up everywhere. The International Monetary Fund estimated that "the amount available for laundering through the financial system" was worth 2.7 per cent of global gross domestic product in 2009 or $1.6-trillion (U.S.).
The 20th-century art market has favored artists such as Salvador Dalí, Pablo Picasso, Klee and Matisse and works by these artists have commonly been targets of forgery. These forgeries are typically sold to art galleries and auction houses who cater to the tastes of art and antiquities collectors; at time of the occupation of France by German forces during World War II, the painting which fetched the highest price at Drouot, the main French auction house, was a fake Cézanne.
There is no comparable entity in the art market. But were the same type of program instituted in the art market, it would only require that the auction house, dealer or lawyer know the beneficial owner and be able to reveal that information to federal authorities. It would not require the other side of the transaction to learn the seller (or buyer’s) identity.
A monumental sculptural forgery was a copy based on a Greek bronze statuette of a warrior of 470 bc, only five inches high and located in the Antikenabteilung, Berlin. The forgers made an eight-foot-high reproduction of it in terra-cotta and offered it as an Etruscan masterpiece. The resemblance was noted by the experts, who thought it to be an example of an Etruscan artist borrowing a Greek design motif. In 1961, after it had been in the Metropolitan Museum of Art in New York for 40 years, an analysis was made of the black glaze that covered the figure. It was found that the glaze contained as a colouring agent manganese, which never was used for this purpose in ancient times. Finally, Alfredo Adolfo Fioravanti confessed that he was the sole survivor of the three forgers.
In June, antiques dealers Laurent Kraemer, head of Paris’s venerable Kraemer Gallery, and chair specialist Bill Pallot, were arrested on suspicion of selling the Palace of Versailles four counterfeit medallion back chairs for €1.7 million ($1.9 million). Counted as “National Treasures,” the chairs were thought to be among a group of 13 created by Louis Delanois for the Palace living room in 1769, where they belonged to Louis XV’s last mistress, the countess du Barry.
In the last decade, reported revenues from the Chinese auction market have expanded ninefold, now higher than those of its American counterpart. Records have been set for Chinese masters that compete with the West’s already inflated prices for Warhol and Picasso — if such records even end up holding, given some buyers who are refusing to pay because of doubts about authenticity.
Further, and as noted, other traditional vehicles for laundering money have become less attractive, thereby driving those who need a mechanism to launder large sums into the arms of the art world. As we repeatedly have blogged, one of the most time-honored and relatively convenient vehicles for laundering — real estate — is under intense scrutiny and now is subject in the U.S. to the Financial Crimes Enforcement Network (“FinCEN”)’s ongoing Geographic Targeting Orders (these require U.S. title insurance companies in many parts of the U.S. to identify the natural persons behind legal entities used in purchases of residential real estate involving $300,000 or more and performed without a bank loan or similar form of external financing).
The principles of archival provenance were developed in the 19th century by both French and Prussian archivists, and gained widespread acceptance on the basis of their formulation in the Manual for the Arrangement and Description of Archives by Dutch state archivists Samuel Muller, J. A. Feith, and R. Fruin, published in the Netherlands in 1898 (often referred to as the "Dutch Manual").
Recently, photographs have become the target of forgers, and as the market value of these works increase, so will forgery continue. Following their deaths, works by Man Ray and Ansel Adams became frequent targets of forgery. The detection of forged photography is particularly difficult, as experts must be able to tell the difference between originals and reprints.
↑ Mario Clouds Not Bootleg V1.1 is a variation on Super Mario Clouds by Cory Arcangel. It was made available on the site NetVVorth as part of a collection of "forged" works by iconic digital artists. (Arcangel also offers instructions on his website that allow anyone to create a bootleg version of the piece.) It is still credited to "Cory Arcangel" in an attempt to highlight the ease of forging digital work.
At Lowy, collectors interested in hiding their originals in the vault, whether for security purposes, to protect delicate works, or to lower the cost to insure them, can reproduce works without the help of a museum. The company employs both specially trained restoration artists and independent artists in need of a day job to conserve and replicate artworks. The process starts with an extremely high-quality print of a digital image, and then the painstaking application of clear conservators’ gel to simulate brushstrokes. Prices start at about $2,000, while frames tend to quadruple the amount.
The wealthy figured this out in a big way back in the 1980s, giving rise to ‘art stars’ valued in the millions. And with the increasing popularity and geographical scope of biennials and art fairs in the 1990s, rich people all over the world now have access to seas of multi-million dollar investments that can be rolled up and stored just about anywhere.
Particularly notorious was the case of the Wise forgeries. Thomas James Wise (1859–1937) had the reputation of being one of the most distinguished private book collectors on either side of the Atlantic, and his Ashley Library in London became a place of pilgrimage for scholars from Europe and the United States. He constantly exposed piracies and forgeries and always denied that he was a dealer. The shock was accordingly the greater in 1934 when John W. Carter and Henry Graham Pollard published An Enquiry into the Nature of Certain Nineteenth Century Pamphlets, proving that about 40 or 50 of these, commanding high prices, were forgeries, and that all could be traced to Wise. Subsequent research confirmed the finding of Carter and Pollard and indicted Wise for other and more serious offenses, including the sophistication of many of his own copies of early printed books with leaves stolen from copies in the British Museum.
Many forgeries still escape detection; Han van Meegeren, possibly the most famous forger of the 20th century, used historical canvasses for his Vermeer forgeries and created his own pigments to ensure that they were authentic. He confessed to creating the forgeries only after he was charged with treason, an offense which carried the death penalty. So masterful were his forgeries that van Meegeren was forced to create another "Vermeer" while under police guard, to prove himself innocent of the treason charges.
The ownership history of a work of art is of fundamental importance for all those involved in the collecting, exhibiting and study of art, for determining both attribution as well as legal title. Recent ownership claims by heirs of Holocaust victims whose art works were looted or otherwise misappropriated during the Nazi-era, and also claims by foreign “source” countries for objects they believe were exported in violation of patrimony or export laws, underscore the importance of provenance research.
In order to fool inexperienced buyers, unscrupulous sellers often say they have provenance or documented ownership histories that they claim confirms the authenticity of bogus art. In some cases, this concocted provenance appears to date all the way back to the original artists themselves. Before bidding on or buying any art, your job is to make sure any such provenance offered by sellers is correct, legitimate, verifiable and does in fact attest to the authorship of the art. (Problem art may also be accompanied by questionable Certificates of Authenticity. To evaluate a Certificate of Authenticity or COA, read Is Your Certificate of Authenticity Worth the Paper It's Printed On?)
Most of these industries have checks. Real estate titles and deeds at least require a name. Mortgage brokers, stockbrokers, casinos, banks and Western Union must report suspicious financial activity to the federal Financial Crimes Enforcement Network. Banks must report all transactions of $10,000 or more. Altogether, the network logs more than 15 million currency transactions each year that can be used to track dirty money, said Steve Hudak, a spokesman for the agency. The art market lacks these safeguards. Roll up a canvas and it is easy to stash or move between countries; prices can be raised or lowered by millions of dollars in a heartbeat; and the names of buyers and sellers tend to be guarded zealously, leaving law enforcement to guess who was involved, where the money came from and whether the price was suspicious.
In March 2001 in Boston, meeting with an undercover agent posing as a drug dealer who showed interest in buying the putative Raphael, Stewart said he could move cash, exchange cash for gems in addition to art, and handle the resale of the Raphael, the agent's affidavit says. Eventually, the deal shifted to the Modigliani and Degas, the affidavit says, and Stewart fell out of the transaction.
“The biggest [problem] is that . . . Rosales kept walking in [to Knoedler] with unknown works that had no documentation. This should have signaled that the works were fake,” he tells The Post. “It was too good to be true — this heir selling 31 unseen masterpieces by the greatest artists for fractions of their market prices? It happens, but the idea of 31 works going — unnoticed — out of these artists’ studios to a collector is like winning the lottery 31 times.”